In The Matter Of: BAERAIR, INC. Respondent 

## SERVED: APRIL 29, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC ) ) ) ) ) DocketNo. FAA-2014-0112 Case No. 2011S0150234



### ORDERRESERVING RESPONDENT'S MOTION TO SETHEARING LOCATION

On April 16, 2014, an Order Setting Rule 16 Litigation**Sche~uling** Conference and Directing Rule 26(f) Planning and Submission was filed. Among otherthings, this Order instructedthe parties to discuss venue for the hearing. On April23, 2014, the Respondent's Unopposed Motionto SetHearing Location ("Motion") was filed. In this Motion, the Respondent asserted thatpursuant to 14 C.F.R. 

### § 13.221(b), "Melbourne, FL is the appropriate and necessary hearing location underthe circumstances ofthe present case." (Motion, 3). The Respondent also asserted that the Melbourne, FL location was ideal because it was convenient and accessible to the parties and witnesses, provided the easiest access to evidence, and was serviced by an international airport. The Respondent did not, however, indicate what federal facilities were available in Melbourne, FL for the hearing. The Respondent also did notproffer what, ifany, alternative courthouse facilities were available inMelbourne, FL for the hearing. That same day, on April23, 2014, the Office ofHearing staffconducted a briefinternet search to determine what federal court facilities were located inMelbourne, FL. It appeared that there were none. The searchresults demonstrated that the two closest federal court facilities were in Orlando, FL, and Ft. Pierce, FL. Ofthese, only Orlando is served by a scheduled air carrier.Pursuantto 14 C.F.R. 

### §§ 13.205(a)(l), (8), Civ. R. 26(f), and after reviewing all relevant caselaw, regulations, statutory authority, and being fully advised; IT IS HEREBY ORDERED: 1. The Respondent's Unopposed Motionto Set Hearing Location is reserved. 2. As part oftheir Civ. R. 26(f) planning meeting·, the parties are directedto determine and discuss what courthouse facilities are potentially available in Melbourne, FL. In addition, the parties shall discuss the alternative venue ofOrlando, FL, whichhas federal courthouse facilities and is also serviced by a major airport. 3; The parties shall include recommendations for venue (not necessarily limited to Melbourne, FL or Orlando, FL) in theirjointly written, proposed scheduling/ discovery plan. 4. TheJune 12, 2014 deadline for the partiesto submittheirjointly written, proposed scheduling/discoveryplanis reconfirmed. 5. The Rule 16 Litigation Scheduling Conference set for Thursday, June 19,2014, at 1:30 p.m. Eastern time is reconfirmed. The parties shall access the Conference by dialing 202-493-2343.

Attachment: Service List

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### DocketNo. FAA-2014-0112 (Civil Penalty Action) SERVICE LIST- BY 

### U.S. MAIL ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC--430 Wilbur Wright Building-Suite2W10001



### Mr. Vincent J. 

### Bennett Complainant's Counsel ONE COPY



### SeniorAttorney, Office oftheRegional Counsel, ANE-7 Federal AviationAdministration 12 NewEnglandExecutive Park Burlington, MA 01803 TEL: 781-238-7044 FAX: 781-238-7055 Mr. Gregory S. Winton Mr. Jared M. Allen Respondent's Counsel One Research Court Suite 450 Rockville, MD 20850 TEL: 973-672-8000 FAX: 973-672-8215
Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 BaerAir, Inc. Respondent William L. 

### Baer, President 150 South Apollo Boulevard Melbourne, FL 32901

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal AviationAdministration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.